The unbearable rightfulness of being human: citizenship,displacement, and the right to not have rights

Claims to human rights protection made by displaced persons are displaced from the universe of humanity and rendered ineffective by the geopolitical character of modern international human rights law, in favour of the protection of citizens' rights claims. In response, there is increasing interest in leveraging respect for and protection of the rights of displaced persons through extension of the rights enjoyed and supposedly borne by emplaced citizens. However, it is a mistake to assume that humans as citizens bear human rights or that the freedoms that they may be able to extend beyond state boundaries are universalisable. The extension of the right to citizenship functions to displace questions of human rights themselves. The question of the human in rights is in fact always displaced, as long as the human subject is acted upon as if it could possess rights. In paying attention to the critical perspectives with which displaced persons confront the citizen, she or he may come to appreciate the fact that the universality of human rights is served where one does not claim to have rights but, rather, actively engages, without limits, with others in the struggle for rights and their respect.     

Caught between two worlds: mainland Chinese return migration,hukou considerations and the citizenship dilemma

Issues about migrant rights and protection are raised in cases of return migration when the country that migrants return to prohibits dual citizenship although the migrant has naturalised elsewhere. This article explores the politics of membership and rights faced by former citizens returning to reside in the society they had left. Returning Mainland Chinese migrants with Canadian citizenship status have to navigate China's dual citizenship restriction and the impacts on their Chinese hukou status that confers residency, employment and social rights. This analysis also keeps in view their relationship with the country in which they have naturalised and left, namely Canada. Migrants shuttling between the two countries face a citizenship dilemma as they have limited rights in China whereas their status as Canadian citizens living abroad simultaneously removes them from some rights provided by the Canadian state. This paper thus introduces new and pressing questions about citizenship in the light of return migration trends.     

USA,the West and the Rest after September 11/October 7, 2001+: A Midterm Report

This article argues that if the proponents of immigration reform have it their way, the proposed guest worker program will transform American citizenship from an institution based on civic membership to one based on residence rights and socio-economic status. American citizenship, now a relatively accessible option, will become a closed-off status, unattainable for the majority of temporary workers. With this policy, the United States will create a permanently disadvantaged category of guest workers and further reduce the competitiveness of low-skilled minimum wage American workers. The concept of immigration has begun to change from an inclusive notion granting equal rights to immigrants and citizens to a more ambivalent model emphasizing obligations and responsibilities of newcomers while withholding social, political, and legal rights. Guest worker programs with limited residence will accentuate for immigrants that they must pay taxes and benefit the American economy, obey US laws and otherwise contribute to the host society which, in turn, has no reciprocal obligations toward them. This will exacerbate the already existing two-tiered system of human and social rights, creating a new feudalism in America.     

Changing the Conversation: Can the Phone Hacking Scandal Lead to a New Covenant on Media Responsibilities?

This article examines the implications of the 2011 phone hacking scandal for press freedom in the United Kingdom. Specifically, it argues that the language of rights has too long dominated public discourse, which has led to discussion of media responsibilities being evaded. The article argues that there is now an opportunity for a radical restructuring of the relationship between the press, the public, and the political system that restores the media to their rightful role as a watchdog on government and steward of the people. It points to the need for independent regulation of the press and a statutory right of reply as means through which the relationship between media and citizen can be recast on the grounds of obligation and responsibility but argues that it is only when we move away from a framework grounded in rights to one grounded in responsibilities that meaningful change can flourish.     

What's Reconciliation Got to do With It? The International Criminal Tribunal for the Former Yugoslavia (ICTY) as Antiwar Profiteer

Abstract

This article argues that the actions and activities of the ICTY have not been beneficial to achieving reconciliation or stability in the Balkans, but to the contrary are part of the reason that parts of the region have remained unstable. This result should not be unexpected as there is very little evidence, if indeed any, that indicates that protracted tribunals like the ICTY (and unlike, therefore, Nuremberg), have ever had, or even could have, beneficial effects on reconciliation. It argues, further, that the primary beneficiaries of the ICTY have been international human rights lawyers and human rights agencies, and in the region itself, the political parties of indictees. Considering the amounts of money spent on the Tribunal compared to those spent on rebuilding the region it seems that the ICTY has functioned better as an antiwar profiteer than it has as a promoter of peace and reconstruction     

Women’s Rights to Property in Marriage,Divorce, and Widowhood in Uganda: The Problematic Aspects

This article examines women’s rights to property in marriage, upon divorce, and upon the death of a spouse in Uganda, highlighting the problematic aspects in both the state-made (statutory) and non-state-made (customary and religious) laws. It argues that, with the exception of the 1995 Constitution, the subordinate laws that regulate the distribution, management, and ownership of property during marriage, upon divorce, and death of a spouse are discriminatory of women. It is shown that even where the relevant statutory laws are protective of women’s rights to property, their implementation is hindered by customary law practices, socialization, and the generally weak economic capacity of many women in the country. The article delves into the even weaker position of women’s rights to matrimonial property at customary and religious laws. In many homes, wives provide labor to support their husbands without having a stake in the use or monetary benefit from it. Under Islamic law regulating intestate succession to property, the entitlements for widows fall short of the constitutional standards on equality and non-discrimination. Polygyny is widely practiced by Muslims implying that the widows share the one eighth whenever there are children or one fourth in cases when there are no children. Radical reforms such as adopting an immediate community property regime instead of the present separate property regime are inevitable if women’s rights to property are to advance.     

When Do Displaced Persons Return? Postwar Migration among Christians in Mount Lebanon

Under what conditions will forcibly displaced persons return to their original homes after wars end? We draw on theories of labor migration to show that even displaced persons who have positive feelings toward their original location may nevertheless choose to return as regular visitors rather than permanent residents unless the location offers attractive economic opportunities. Furthermore, we argue that violence can create negative emotions not only toward geographic locations of bloodshed but also against its perpetrators. After ethnic wars, the displaced may be unwilling to return to intermixed locations, exacerbating ethnic separation. We study postwar migration among Lebanese Christians displaced during the 1980s and identify economic conditions using exogenous price shocks for olive oil, a major local export. Among policy implications for economic reconstruction and transitional justice, our most important insight is that sometimes we should help the displaced in their new location rather than induce permanent return to their old homes.     

Citizenship,justice and indigenous group‐specific rights—citizenship and indigenous Australia

Indigenous Australians and those supporting the cause of Aboriginal justice have used the language of citizenship rights to demand redress for indigenous peoples’ relative disadvantage. In doing so they make an appeal to rights of full participatory citizenship which have their roots in T.H. Marshall's writings. Liberal political theory, however, has resisted conceptions of citizenship which entail rights of assistance from the state: rights to welfare are more readily conceived of as charitable acts towards those members of a society unable to care for themselves. Unless the assumptions implicit in liberal conceptions of citizenship are challenged, demands for positive citizenship rights may re‐enforce stereotypes of Aboriginal inferiority. Drawing on Will Kymlicka's recent work, this article critically examines liberal conceptions of citizenship, welfare and demands for indigenous group‐specific rights as they may apply to Aboriginal and Torres Strait Islander citizenship.     

Are inequalities between us and the dead intergenerationally unjust?

Abstract

This paper looks at whether inequalities between us and the past can be unjust. We show why they can be pro tanto unjust, both when the now dead generation transferred more than it had inherited to its descendants (savings) and when it transferred less (dis-savings). However, we also argue that characterising an intergenerational inequality as unjust neither commits us to the claim that it merely involves bad luck, nor implies that it is the current generation that acted unjustly towards the previous one, nor entails that (members of) the dead generation acted unjustly towards us. The paper ends with a discussion on whether we should do something about such unjust inequalities with the past.     

Preferences,beliefs, and values in negotiations concerning aid to Nicaragua

The paper argues that in the context of public choice for non-market goods, two assumptions of the simple model of the rational economic actor may not hold. The assumptions are that there is a direct connection between choice and outcome, and that preferences are not affected by the act of making a choice. Consequently, to understand people's preferences for public goods, it is important to measure their beliefs and values separately rather than simply to observe their choice behavior or to ask them what they would be willing to pay for the public good. In an example study, people's preferences for U.S. policies toward Nicaragua were measured and further analyzed into their beliefs about the effects of those policies on Nicaraguan outcomes, and their evaluations of the Nicaraguan outcomes. It was shown that the process of making a two-person choice changed the preferences, and that the separate measures or beliefs and values gave insight into the process of the change that would not have been available had only the preferences been measured. Implications for the contingent valuation method are explored and an alternative approach is proposed.     

Occupancy rights: life planners and the Navajos

ABSTRACT

This Comment focuses on the limitations of Stilz’s individualist conception of occupancy rights. Her account of occupancy is critical to her attempt to answer the question of where one holds territorial rights as well as related place-related rights like the right of return. Her account appeals to the geographical location of individual life plans. This Comment argues that this fails to distinguish between Indigenous People who are connected historically and in many other ways to a place and individual Life-Planners: it treats the two as equivalent, which I argue is counter-intuitive. I also argue that Stilz’s occupancy account fails to explain the scope of occupancy rights in a number of cases that she appeals to in her examples, such as the Navajos’ expulsion from the area in which they lived. What she needs, I argue, is a group based conception of occupancy rights, in addition to the idea of individual rights of residency.     

The grey area between nationality and citizenship: an analysis of external citizenship policies in Latin America and the Caribbean

Literature on diaspora engagement policies, transnational and extra-territorial citizenship has painted the increasing recognition of dual nationality and the extension of state policies to the diaspora as a signal of states leaving behind the paradigms of exclusive nationality and residence as conditions to exercise citizenship. In doing this, this literature tends to treat citizenship and nationality as synonyms. By analysing the citizenship policies of 22 Latin American and Caribbean states towards their nationals who reside abroad and/or acquire another nationality, we add key nuances to such consideration: nationality and citizenship may relate to different legal statuses – with important consequences for migrants – and there might be differences also between the citizen rights of nationals by origin and of nationals by naturalization. In particular, we show that citizenship and nationality interact in different ways when it comes to the preservation of rights for emigrants: the distinctions allow restricting the portability of citizenship rights for nationals by birth, and other groups of nationals, depending on the exclusivity, and origin, of their national belonging. These distinctions tell a potentially different story of how citizenship is conceived of by states as they approach the challenges of membership and participation posed by emigration, and paint a less rosy picture with regard to the demise of exclusive nationality.     

We are all denizens now: on the erosion of citizenship

This article makes a contribution to the general theory of citizenship. It argues that there is a need for a supplementary concept of ‘denizenship’ to illustrate changes to and erosion of postwar social citizenship as famously described by T H Marshall. The first aim is to construct a more theoretically developed idea of what the concept of a ‘denizen’ means in sociological terms. In its conventional meaning, this term describes a group of people permanently resident in a foreign country, but only enjoying limited partial rights of citizenship. I label this Denizenship Type 1. By contrast, Denizenship Type 2 refers to the erosion of social citizenship as citizens begin to resemble denizens or strangers in their own societies. The argument then is that there is a general convergence between citizenship and denizenship. As such, Denizenship Type 2 provides a possible supplement to the various terms that have recently been proposed, such as flexible citizenship, semi-citizenship, or precariat to describe the attenuated social and economic status of citizens under regimes of austerity and diminished rights and opportunities. As the life chances of citizens decline, they come to resemble denizens. One illustration of this basic transition is to be found in the changing nature of taxation. This observation also allows me simply to observe that the political economy of taxation has been somewhat neglected in the recent literature on citizenship where questions about identity and subjectivity have become more dominant. As a result of these socio-economic changes, the modern citizen is increasingly merely a denizen with thin, fragmented, and fragile social bonds to the public world. The corrosion of the social, economic, political, and legal framework of citizenship offers a new slogan: ‘we are all denizens now.’     

The Environment: A Winner for the Liberal Democrats?

While the Liberal Democrats have a long-standing commitment to environmental sustainability and have over the years developed a range of policies acclaimed by the green NGOs, there remain doubts about the depth of that commitment. In particular, the party's local government environmental record is not notably better than its rivals. With the Conservatives and others now heavily promoting their green credentials, the Liberal Democrats face the dilemma of either being outflanked on the green reputation front or having to adopt much tougher policies that some in the party believe will lose votes. The author argues that one course of action would be to seek cross-party support for achieving agreed environmental targets supported by a menu of tough policies to be introduced if those targets are missed.     

Civil Rights and Social Welfare: Some Thoughts on the Contemporary Relevance of T. H. Marshall

This article draws on T H Marshall's celebrated classification of civil, political and social rights to examine the use of the courts by individuals seeking to establish rights to particular forms or models of welfare service provision. It argues that tensions between the collective and individual aspects of social rights, the relationship of social rights to inequality, and the difficulty of quantifying (and therefore enforcing) legitimate expectations, all make the use of litigation to establish social rights intensely problematic. Drawing on the recent UK Supreme Court case of R (on the Application of McDonald) v Royal Borough of Kensington and Chelsea, it goes on to suggest that it is unhelpful to think of social rights in terms of human rights: instead, we would do better to adopt Marshall's emphasis on the citizenship basis of social rights and on the social and political context within which they necessarily exist.     

Fortifying the future of human rights with human rights education

Abstract

Those scholars debating the health of the human rights movement completely ignore the role of human rights education, HRE. Whether it is Samuel Moyn and Stephen Hopgood declaring the demise of what they also term the “human rights project”, or Kathryn Sikkink defending it, none explore the effect HRE is having or can have. This article argues that those who neglect to recognize the substantial and substantive conversation going on in our institutions of higher education cannot provide a complete picture of the human rights project. It will demonstrate which of the naysayers Moyn and Hopgood's arguments are weakened by ignoring HRE and argue that Sikkink's recommendations for human rights efforts can be strengthened by HRE. Also explored is what HRE should learn from the critiques of these three scholars and how university HRE can be improved.     

Lawnscape: semiotics of space,spectacle, and ownership

While seemingly straightforward, the boundaries of ownership can be confusing. Take the front lawn, for instance. Some local ordinances prohibit such things as parking on one's front lawn or displaying celebratory storks, “For Sale” signs, or political displays out of concern for the neighbours. However, what happens when the front lawn is taken over by an unstoppable lava flow? On the Big Island of Hawai'i, countless front lawns are now vast expanses of hardened black lava. These lawns exist now under changed jurisdiction as legal spaces. No longer are these lava-ed lawns now simply purely private property as state authorities now control the area. On front lawns with or without lava, the notion of ownership is confused by two competing rights: the rights of those who inhabit the property versus the rights of those who view the property. Here, the context of rights expands traditional claims and lines of ownership according to the activity of spectaclizing. This paper will examine the tension of ownership and pursuant competing rights that challenge the construction of traditional boundaries and their enforcement within the framework of the semiotics of space. In this paper, the semiotics of space found in front lawns challenges the standard faculties of law to remedy conflicting rights.     

Interrogating the Interface of Partisan Public Security Forces,Cynical Electorate,and the Hazards of Electioneering in Nigeria

Elections in Nigeria are usually ferociously contested. Thus the risks of violence are always high, particularly for the electorate. Violence becomes such a seeming permanent feature of political competition in the country that electioneering is seen as the equivalent of war and political gladiators as combatants. The intervention of public security forces to enforce sanity in the process appears counterproductive because of their level of partisanship. The voters become victims in such circumstances such that they are precariously hooked in between the choice of endangering their lives in a country riddled with impunity or exercising their voting rights for good governance and a better future. The essay argues that as much as the relevance of security forces in electioneering may not be underestimated, their presence often undermines the process, fueling an atmosphere of violence. The article submits that a more civil approach/strategy should be factored into their operations with a view to ensuring a level playing ground and safety for all stakeholders in the electoral process.     

The motivated electorate: Voter uncertainty,motivated reasoning,and ideological congruence to parties

This paper investigates the consequences of voter uncertainty on voter–party ideological congruence. Building on the theory of motivated reasoning, it argues that voter feelings about political parties should determine whether they will be attracted or repelled by uncertain policy positions. The empirical analysis demonstrates the following. First, voters employ a ‘likability’ heuristic: they perceive more (less) ideological proximity to the party they (dis)like, regardless of the actual party position. Second, the likability effect boosts as the voter’s uncertainty increases. Facing a party with a vague ideological position, voters who dislike the party exaggerate the ideological distance, whereas those who like the party underestimate this distance. These findings imply that raising voter uncertainty might help the party to the extent that it is liked, but it can backfire if the party is not popular enough. More generally, the results bear important implications for the literature on voter uncertainty and party strategies.